Sch 3 para 46
An offence under section 52A of that Act (possession of indecent images of children) if— (a) the child was under 16 and the offender— (i) was 18 or over, or (ii) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months, or (b) in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed an offence under this paragraph .